책소개  

수험생이 어려워하는 법조문문제를 체계적으로 비교정리함으로써, 최소 시간만을 투자하더라도 완벽히 선택형을 대비할 수 있도록 하였다. 2022.6.까지의 최신판례를 빠짐없이 지문화함으로써 판례집으로서의 기능도 겸하도록 하였고, 출제유력한 사례논점들을 중심으로, 모든 테마를 사례문제화하여 압축답안을 구성함으로써 사례적응력에 중점을 두었다.

나아가, 출제가능성이 높은 중요판례의 사실관계를 바탕으로 사례를 구성함으로써 사례암기장의 학습이 선택형과 기록형 학습에도 혁신적인 도움을 줄 수 있도록 하였다. 최근 주관식 출제빈도가 높은 공판, 상소, 소송행위편의 사례를 추가하였고, 형제복지원판결을 감안하여 비상상고 사례까지도 추가함으로써 어떠한 사례에도 충분히 대비가 가능하도록 하였다.

목차

• 제1편 형사소송법 선택형 정리
• 제 1 형사소송법 서론 ·····································································································2
• 제 2 소송주체론 ·············································································································7
• 제 3 법원의 관할 ··········································································································13
• 제 4 제척·기피·회피 제도 ························································································18
• 제 5 변호인제도 ···········································································································19
• 제 6 소송행위 ··············································································································23
• 제 7 수사총론 ··············································································································29
• 제 8 고소·고발·자수 ································································································32
• 제 9 임의수사 ··············································································································37
• 제 10 체포제도 ··············································································································45
• 제 11 구속 ······················································································································49
• 제 12 체포·구속된 자의 석방위한 제도 ·······································································51
• 제 13 압수·수색·검증의 절차 ·····················································································57
• 제 14 수사상 증거보전 ··································································································68
• 제 15 수사의 종결 ·········································································································70
• 제 16 재정신청 ···············································································································72
• 제 17 공소제기 ···············································································································75
• 제 18 공소시효 ···············································································································81
• 제 19 공소장변경의 제문제 ···························································································86더보기
• 
  
• 제1편 형사소송법 선택형 정리
• 제 1 형사소송법 서론 ·····································································································2
• 제 2 소송주체론 ·············································································································7
• 제 3 법원의 관할 ··········································································································13
• 제 4 제척·기피·회피 제도 ························································································18
• 제 5 변호인제도 ···········································································································19
• 제 6 소송행위 ··············································································································23
• 제 7 수사총론 ··············································································································29
• 제 8 고소·고발·자수 ································································································32
• 제 9 임의수사 ··············································································································37
• 제 10 체포제도 ··············································································································45
• 제 11 구속 ······················································································································49
• 제 12 체포·구속된 자의 석방위한 제도 ·······································································51
• 제 13 압수·수색·검증의 절차 ·····················································································57
• 제 14 수사상 증거보전 ··································································································68
• 제 15 수사의 종결 ·········································································································70
• 제 16 재정신청 ···············································································································72
• 제 17 공소제기 ···············································································································75
• 제 18 공소시효 ···············································································································81
• 제 19 공소장변경의 제문제 ···························································································86
• 제 20 공판절차 ··············································································································97
• 제 21 증인신문 ·············································································································101
• 제 22 이의신청 ············································································································104
• 제 23 간이공판절차 ······································································································111
• 제 24 공판절차의 정지와 갱신 ····················································································106
• 제 25 소송지휘권 ········································································································107
• 제 26 국민참여재판 ·····································································································108
• 제 27 자유로운 증명의 대상 ·······················································································109
• 제 28 위수증과 증거동의 ·····························································································110
• 제 29 전문법칙 ·············································································································111
• 제 30 수사기관 작성의 조서 ························································································116
• 제 31 제313조 제1항·제2항 ························································································121
• 제 32 제314조 ·············································································································123
• 제 33 제315조에 대한 판례의 정리 ·············································································126
• 제 34 제316조에 대한 판례의 정리 ·············································································127
• 제 35 증거동의 ············································································································128
• 제 36 탄핵증거 ············································································································130
• 제 37 자백의 보강법칙 ································································································132
• 제 38 유죄판결에 명시될 이유 ····················································································134
• 제 39 기판력 ···············································································································136
• 제 40 상소 ···················································································································139
• 제 41 불이익변경금지의 원칙 ······················································································144
• 제 42 파기판결의 기속력(법원조직법 제8조) ······························································148
• 제 43 항소심과 상고심 ································································································149
• 제 44 항고 ···················································································································153
• 제 45 비상구제절차(재심과 비상상고) ·········································································157
• 제 46 특별소송절차 ·····································································································163
• 제 47 형집행장 ············································································································167
• 
  
• 제2편 형사소송법 사례형 정리
• 예제 1 공소장변경과 필요적 이송 ······································································170
• 예제 2 성명모용소송과 필요적 변호사건 ·····························································173
• 예제 3 위장출석과 위장자수 ······················································································177
• 예제 4 필요적 변호사건에서 무죄가 선고된 경우 ·····················································181
• 예제 5 변호인 선임계의 추완 ····················································································183
• 예제 6 수사와 내사 ···································································································185
• 예제 7 영장없는 체포와 함정수사 ·············································································187
• 예제 8 신종수사기법-최면수사 ·················································································189
• 예제 9 불심검문과 신분증명사례 ···············································································191
• 예제 10 영장신청기각처분에 대한 불복 ······································································193
• 예제 11 고소불가분의 원칙과 사경의 불송치결정 ·······················································196
• 예제 12 고소취소의 법률관계 ······················································································198
• 예제 13 미성년자의 고소취소와 법정대리인의 동의 ··················································200
• 예제 14 수사상 임의동행 ····························································································202
• 예제 15 통신비밀보호법상 감청 ··················································································204
• 예제 16 피의자신문을 위한 구인 ················································································208
• 예제 17 변호인의 피의자신문참여권 ···········································································210
• 예제 18 영장없는 신병확보 ·······················································································213
• 예제 19 체포영장의 긴급집행 도중 혐행범으로 체포한 사안 ···································215
• 예제 20 구속기간의 계산 ····························································································217
• 예제 21 피고인 구속과 사전청문절차(제72조) ····························································219
• 예제 22 변호사의 비닉권과 의뢰인의 특권 ································································222
• 예제 23 압수·수색의 절차 ························································································233
• 예제 24 소유권포기와 압수물환부청구권 ····································································237
• 예제 25 수사상 가환부 ·······························································································240
• 예제 26 압수·수색·검증에 있어 영장주의의 예외 ··················································242
• 예제 27 위법한 압수물의 환부 후 임의제출 ······························································245
• 예제 28 키워드·확장자 검색 후 압수사례 ································································247
• 예제 29 외국계 이메일 압수·수색사건 ·····································································249
• 예제 30 수사상 증거보전 ····························································································253
• 예제 31 재정신청과 재소자특칙 ··················································································256
• 예제 32 재정신청과 소추금지, 재정결정에 대한 불복 ···············································258
• 예제 33 공소제기 후 수사 ··························································································262
• 예제 34 불평등기소 ····································································································268
• 예제 35 공소시효의 계산 ····························································································270
• 예제 36 예비적 기재와 재체포의 금지 ·······································································273
• 예제 37 공소장일본주의 ······························································································277
• 예제 38 일죄일부의 기소사례 ·····················································································281
• 예제 39 공소장변경 ····································································································286
• 예제 40 불출석 특례 및 공소시효의 계산 ··································································295
• 예제 41 포괄일죄와 이중기소 ·····················································································300
• 예제 42 재판비공개결정이 위법한 경우 ·····································································303
• 예제 43 유도신문, 반대신문결여 하자의 치유 ···························································305
• 예제 44 범죄피해자의 진술보호장치 ··········································································308
• 예제 45 간이공판절차 ·································································································310
• 예제 46 철야신문에 의한 자백 ···················································································314
• 예제 47 전문법칙, 날인이 누락된 영장의 유효성 ·······················································316
• 예제 48 내사단계에 작성된 진술조서의 증거능력 ······················································322
• 예제 49 검사작성 공동피고인에 대한 피신조서 ·························································325
• 예제 50 적법한 절차와 방식에 따라 작성된 조서 ······················································327
• 예제 51 조서의 실질적 진정성립 ················································································331
• 예제 52 대질신문조서 ·································································································334
• 예제 53 공범피신조서와 제314조 ···············································································336
• 예제 54 제313조 제1항·제2항 진술서 ·······································································338
• 예제 55 진술녹음 ········································································································341
• 예제 56 현장녹음의 증거능력 ·····················································································345
• 예제 57 수사기관이 촬영한 현장사진(비디오)의 증거능력 ·········································349
• 예제 58 사인이 촬영한 현장사진 ················································································352
• 예제 59 비진술증거의 대체물인 사진 ·········································································355
• 예제 60 정당한 증언거부권의 행사 ············································································357
• 예제 61 정당하지 못한 증언거부권의 행사 ································································359
• 예제 62 제315조 사례 ·································································································361
• 예제 63 다른 사건의 공판조서의 증거능력 ································································365
• 예제 64 공동피고인의 진술에 대한 전문진술 ·····························································367
• 예제 65 재전문증거사례 ·····························································································370
• 예제 66 피고인과 변호인의 불출석과 증거동의 ·························································373
• 예제 67 탄핵증거 ········································································································375
• 예제 68 공범인 공동피고인의 증인적격 ······································································377
• 예제 69 공동피고인의 법정진술과 자백의 보강법칙 ··················································379
• 예제 70 수첩과 자백의 보강법칙 ················································································381
• 예제 71 상습범과 기판력의 객관적 범위 ····································································383
• 예제 72 범칙금납부와 기판력 ·····················································································386
• 예제 73 약식명령, 일죄일부의 상소 ···········································································389
• 예제 74 일부상소와 불이익변경금지의 원칙 ······························································395
• 예제 75 상소의 제문제 ·······························································································399
• 예제 76 소촉법상 재심 ·······························································································406
• 예제 77 재심관련 사례 ································································································411
• 예제 78 비상상고 사례 ································································································416